Victim advocates urge support for amendment

Organizations, law enforcement rally around Marsy’s Law

A group of Wisconsin’s leading victim service organizations is urging support for the proposed crime victims’ constitutional amendment commonly known as Marsy’s Law for Wisconsin.

Representing communities around the state, the organizations – along with law enforcement personnel – have rallied around the bipartisan initiative ahead of the upcoming April 7 statewide vote on the proposed amendment.

“Marsy’s Law updates our state constitution to give crime victims in Wisconsin rights that are equal to those currently afforded to perpetrators. These improvements are particularly important for sexual assault survivors, who experience significant barriers to seeking justice,” said Pennie Meyers, Executive Director of the Wisconsin Coalition Against Sexual Assault.

“Our hope is that by enacting Marsy’s law, this will begin to reduce those barriers thus leading to increased accountability for offenders as well as an increased ability for victims to assert their rights,” she added.

Local supporters of the amendment include the Association for the Prevention of Family Violence and Walworth County Sheriff Kurt Picknell.

“Marsy’s Law will actually strengthen victims’ rights up to a constitutional level, offering equal protection. Wisconsin has always been a leader in victims’ rights and we can again with Marsy’s Law,” Picknell said.

Racine County Sheriff Christopher Schmaling said Marsy’s Law would be an empowering set of victim tools “that we can all feel good about, and know that we can and will do more for victims in the state of Wisconsin.”

Not everyone agrees with the proposal, however. State Sen. Fred Risser, D-Madison, said the law goes too far.

“If passed, the amendment would diminish the rights of those accused of crime and chip away at the presumption of innocence,” he said in an opinion column distributed to newspapers. “‘Victims’ are determined prior to any crime even being proved. Those alleged victims could be allowed to withhold evidence that may prove a defendant’s innocence, which could encourage and protect false accusers.”

Risser said victims and society would be better served by provisions that provide additional resources for victims.

“Not only is this drastic amendment unwise, but it is completely unnecessary in Wisconsin,” he said. “The language is not tailored to our state. Our state constitution and statutes already provide numerous victims’ rights, including the right to be treated with fairness, dignity, and respect for privacy.”

The ACLU of Wisconsin testified against Marsy’s Law before the legislature.

“Much of the campaign in support of Marsy’s Law is premised on this notion that victims should have rights equal to those of the accused, and that that can only be achieved through this constitutional amendment. Victim’s rights cannot be equated to the rights of the accused because they serve very different roles,” the ACLU stated in its testimony.

According to the testimony, defendants’ rights are in the constitution because they are rights against the state, not because they are valued more by society than are those of victims.

 

About Marsy’s Law

Marsy’s Law for Wisconsin is a grassroots coalition that is advocating for a unique proposal to give victims of crime equal rights to accused offenders in our state Constitution.

The proposal passed with strong bipartisan support in the Legislature and will be before voters for ratification on April 7.

It’s named after Marsalee “Marsy” Nicholas of California who was stalked and killed by her ex-boyfriend in 1983. Only one week after her death, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they were confronted by the accused murderer.

The family, who had just come from a visit to Marsy’s grave, was unaware that the accused had been released on bail.

In an effort to honor his sister, Henry Nicholas has made it his life’s mission to give victims and their families constitutional

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